False Imprisonment

False imprisonment is a lesser-included offense of kidnapping, although both crimes, by themselves, are felony offenses. False imprisonment involves restricting another person's freedom of movement against his or her will. Kidnapping, on the other hand, is an offense in which the alleged offender also has the intent to hold the alleged victim for ransom or reward or as a shield or hostage, commit or facilitate commission of any felony, inflict bodily harm upon or to terrorize the victim or another person, or interfere with the performance of any governmental or political function.

Many false imprisonment arrests stem from domestic disputes, but there can be other settings in which people may be charged with this crime. In addition to the possible criminal penalties an individual faces when charged with false imprisonment, an alleged victim can also file a civil claim against the alleged offender to seek possible monetary damages.

Lawyer for False Imprisonment Arrests in Miami-Dade County, FL

Were you arrested for false imprisonment in South Florida? Try not to speak to authorities until you are first able to contact The Hoffman Firm.

Miami criminal defense attorney Evan A. Hoffman aggressively defends clients accused of violent crimes in Opa-Locka, Miami, North Miami, Aventura, South Miami, Key Biscayne, Coral Gables, Hialeah, and several other surrounding areas of Miami-Dade County. Our lawyer can review your case and help you understand all of your legal options when you call (305) 249-0090 to take advantage of a free, confidential consultation.

Under Florida Statute § 787.02(a), false imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." In most cases, false imprisonment is a third-degree felony.

Under Florida Statute § 787.02(3)(a), however, false imprisonment is a first-degree felony if a person commits false imprisonment upon a child under 13 years of age and, in the course of committing the offense, commits any one of the following offenses:

Human trafficking for commercial sexual activity in which a child under the age of 18, a mentally defective person, or a mentally incapacitated person was involved.

Confinement of a child under the 13 years of age is considered against her or his will under Florida Statute § 787.02(1)(b) if the confinement is without the consent of the child's parent or legal guardian.

False imprisonment charged carries the possibility of both criminal and civil penalties. In the criminal case, the alleged offender's guilt must be proven beyond a reasonable doubt—the highest possible burden of proof.

If a person is convicted of false imprisonment, he or she could receive either of the following maximum sentences if convicted:

Third-Degree Felony — Up to five years in prison and fine of up to $5,000; or

First-Degree Felony — Up to life in prison and fine of up to $10,000.

In addition to the criminal case, a person accused of false imprisonment could also be the defendant in a civil action filed by the alleged victim. In a civil case, the burden of proof is the much lower standard of a preponderance of the evidence—essentially meaning that the greater weight of the evidence supports the plaintiff's claims.

The civil action is entirely separate from the criminal case. While the burden of proof is lower in a civil claim, the alleged victim will still need to prove that an alleged offender intentionally restrained him or her in an unwanted and unreasonable way—meaning the alleged offender purposefully retrained the alleged victim with the knowledge or substantial certainty that the restraint would cause harm.

“Double Offense” Problems in Kidnapping and False Imprisonment Cases — The Florida Bar is the statewide professional organization of lawyers, and the Florida Bar Journal features articles intended to educate or inform readers on issues of substantive law and practical concern to attorneys. View a December 2003 Florida Bar Journal article discussing kidnapping and false imprisonment offenses as well as the “double offense” problem created by the broad definition of a constraint.

If you were arrested in Miami-Dade County for an alleged false imprisonment crime, it is in your best interest to retain legal counsel as soon as possible. The Hoffman Firm represents people in communities throughout South Florida, including Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, Key Biscayne, Miami Beach, and many others.

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